MISC

MISC

Applicant was not properly informed of the ex parte hearing and judgment; records are silent on service and notification; right to be heard is fundamental; lack of evidence of negligence or awareness of judgment date justifies extension of time.

Citation
MISC
Parties
Applicant: BTY Company Limited; 1st Respondent: Vicent Raymond Mushi; 2nd Respondent: Zhaohong Chen
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Right to Be Heard, Ex Parte Proceedings, Service of Summons
Source Language
English
Civil Procedure Extension of Time Right to Be Heard Ex Parte Proceedings Service of Summons

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Parties

BTY Company Limited

Applicant

Vicent Raymond Mushi

1st Respondent

Zhaohong Chen

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether there are justifiable reasons to grant extension of time to appeal
  2. 2 Whether the applicant was properly served and informed of the proceedings
  3. 3 Whether delay in filing appeal was sufficiently explained

Ratio Decidendi

Applicant was not properly informed of the ex parte hearing and judgment; records are silent on service and notification; right to be heard is fundamental; lack of evidence of negligence or awareness of judgment date justifies extension of time.

Court Disposition

Application granted

Orders

  • Time extended for applicant to lodge appeal within fourteen (14) days from date of ruling
  • No order as to costs